New York Securities Fraud Lawyers Blog

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EMPLOYEE RECOVERY $2M FOR A WHISTLEBLOWING TRADER

INVESTOR RECOVERY $7.2+M FOR PONZI SCHEME VICTIMS

INVESTOR RECOVERY $3.9M FOR TAX SHELTER FRAUD VICTIMS

BROKER PONZI SCHEME $7.4 MILLION

FAILURE TO SUPERVISE $4+ MILLION

BROKERAGE THEFT $3.8 MILLION

PONZI AT MAJOR FIRM $4+ MILLION

FAILED PRODUCT 28 EXPUNGEMENTS

WHISTLEBLOWER AWARD MAX 30% BOUNTY

NO ACTION INSIDER TRADING CASE

NO ACTION EMBEZZLEMENT CASE

NO ACTION MARKET MANIPULATION

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New York Securities Fraud Lawyers Blog

How Financial Advisors Can Better Protect Elderly Investors

January 11, 2016 | Malecki Law Team

According to FINRA’s estimates, the elderly lose approximately $ 2.9 billion every year due to fraud. To protect vulnerable elderly investors from financial abuse, FINRA had approved a rule in 2015 that enables investment firms to put temporary holds on fund disbursement and securities transactions, and notify a designated trusted contact if they have reasonable belief of financial exploitation.

Every day for the next 15 years, an average of 10,000 Americans will turn 65 (FINRA 2015). This initiative was an addition to several other FINRA initiatives to protect seniors, which includes the establishment of a toll-free hotline in April 2015. FINRA’s proposal is a step toward empowering advisors to act and prevent elder fraud. But how do advisors distinguish between valid and fraudulent transactions? After all, their intervention can risk delaying critical transactions and disbursement of funds, resulting in financial losses or, worse, delaying payments related to health care or housing.

IDENTIFYING SUSPICIOUS ACTIVITY

Broker Report: David H. Bindelglass of Morgan Stanley

December 12, 2015 | Malecki Law Team

The investment fraud attorneys at Malecki Law are investigating potential claims by investors against Morgan Stanley stockbroker David H. Bindelglass. According to his BrokerCheck report maintained by the Financial Industry Regulatory Authority (“FINRA”), Mr. Bindelglass, who works out of Morgan Stanley’s Paramus, New Jersey branch, has been the subject of at least three customer complaints.

Mr. Bindelglass is believed to have regularly recommended investments in Puerto Rican bonds to his clients. It is believed that Mr. Bindelglass may have recommended such investments in high concentrations. In high concentrations, even investments believed to be “safe” can be unsuitable and result in significant losses. If a financial advisor recommends investments in a concentration that is unsuitable, the investor may be entitled to recover some or all of their losses.

According to FINRA records, since 2006, Mr. Bindelglass has been accused by at least three different customers of recommending unsuitable investments. In each case, FINRA records indicate that those investors were able to recover for their losses.

Jenice Malecki on Bill Singer’s Show Today

November 24, 2015 | Malecki Law Team

Watch Jenice Malecki’s interview with Bob Singer on Case In Point, a weekly segment in Wealth Management. In this segment, Ms. Malecki speaks about the rise of elder fraud exploitation and responsible steps that financial industry professionals can take to protect seniors. Ms. Malecki, the owner of Malecki Law is known for spreading legal awareness on this topic and championing the rights of elderly investors through the media, speaking engagements, legal articles and community outreach. She is pleased to be on Bob Singer’s show today, known for his contributions to Wealth Management and his own blog BrokeandBroker, sending the message out to his financially astute audiences.

CLICK HERE to watch Ms. Malecki’s video.

This Week At Malecki Law

November 20, 2015 | Malecki Law Team

The experienced Securities attorneys at Malecki Law managed to secure a major win on behalf of one of their international clients. They managed to secure a summary judgment dismissal for a Chinese businessman, a well-known inventor and public figure in China, who was being sued in excess of $30 million for being the controlling shareholder of a company that went out of business. The opposing counsel was Weil, Gotschal & Manges LLP.

Today, Ms. Jenice Malecki is the Chair at a FINRA mock arbitration for St. John’s students. She has actively mentored students over the years from different law schools through lectureships and speaking engagements.

Elder Fraud Week at Malecki Law

October 30, 2015 | Malecki Law Team

Jenice Malecki taped a session on elder financial fraud for Case In Point with Bob Singer , Bob Singer’s weekly segment in Wealth Management. He is a veteran Wall Street lawyer, a weekly contributor to Wealth Management, and known for his own blog BrokeandBroker. Jenice Malecki was a guest on his show this week, where she shared her insights on matters related to diminished capacity, the elderly, and Securities Law. Over the years, Ms. Malecki has been televised widely on Securities industry related topics. Stay tuned for this video on our blog.

Earlier this week, Adam Nicolazzo and Robert Van de Veire visited the Hudson Guild Senior Center to educate their members about Elder Financial Exploitation.

Malecki Law Attorneys Spread Awareness About Elder Exploitation

October 27, 2015 | Malecki Law Team

The Securities Fraud attorneys at Malecki Law today visited the Hudson Guild Senior Center to educate members of their Naturally Occuring Retirement Community (NORC) about Elder Financial Exploitation. Adam Nicolazzo and Robert Van de Veire addressed a group of 15-20 senior members of that community about investment fraud, common red flag signs of fraud, and how to protect their retirement income and nest eggs.

According to FINRA, the elderly lose approximately $ 2.9 billion every year due to fraud. The Malecki Law attorneys try to create awareness within communities of elders about dangers of elder financial exploitation and empower them to take legal recourse if they are victimized. The seniors get educated about regulatory authorities like FINRA and SEC, and tools like BrokerCheck available to them. The Malecki Law team used real life examples of Ponzi and affinity schemers, who are known to have preyed on the elderly, to help senior members understand the realities of financial fraud and that it comes in many forms. They also offer free consultation and case evaluation in these sessions.

Malecki Law continues to work towards positive changes in elder law within the securities industry and Jenice Malecki recently participated in a panel on Dangers of Diminished Capacity at the Public Investors Arbitration Bar Association’s (PIABA) annual conference.

PIABA Study Reveals that FINRA’s Effort to Curb Broker Record-cleansing Has Not Been Met With Success

October 26, 2015 | Malecki Law Team

According to Public Investors Arbitration Bar Association’s (PIABA) latest report, FINRA’s efforts to curb broker expungement and clear records of misconduct have failed to reduce the number of times it occurs. According to PIABA, between, 2012-14 expungement was granted in 87.8% of cases in which it was sought.

When brokers are granted expungement for alleged wrongdoings, this record is wiped out from FINRA’s BrokerCheck and FINRA is concerned that it might cause an impression about the broker’s ethic that is misleading.

Since 2014, FINRA has increased arbitrator guidance and training and introduced rules that prohibit arbitration settlements with expungement as a condition. FINRA has sought to grant expungement as an “extraordinary remedy” only to be available in cases where the broker’s record has no value for investor protection. FINRA’s arbitration task force is considering creating a Special Arbitration Panel comprised of specially trained arbitrators to make decisions on expungement requests.

Jenice L. Malecki Moderated A Panel Today at PIABA

October 23, 2015 | Malecki Law Team

Ms. Jenice Malecki was a moderator today at Public Investors Arbitration Bar Association’s (PIABA) panel on ‘The Danger of Diminished Capacity, Ethics as a Broker and for the Lawyer.’ The seminar discussed what diminished capacity is, important studies on dealing with clients with diminished capacity as financial advisors and lawyers, and elder financial abuse and privacy law issues. The panel moderated by Ms. Malecki consisted of distinguished members of the financial and legal community including the President of the Investor Trust Protection, a former SEC attorney and an elder lawyer.

According to FINRA’s estimates, the elderly lose approximately $ 2.9 billion every year due to fraud and an average of 10,000 Americans will turn 65 over the next 15 years. Senior investors with diminished capacity are more at risk of falling victim to financial fraud than other investors and the financial industry should fully utilize its power to prevent substantial economic harm to elderly clients. Ms. Malecki has also co-authored an article for PIABA titled Protecting Clients with Diminished Capacity In The Securities Industry: It’s Tricky.

This panel is part of PIABA’s 24^th Annual Meeting held in Florida from Oct 21- 23, 2015.

I Have Just Been Fired By UBS in Puerto Rico. What Do I Do?

October 19, 2015 | Malecki Law Team

A number of senior management with UBS Puerto Rico were terminated late last week, according to sources. It is believed that individuals from marketing, investment banking, lending and other areas of the bank’s operations on the island were all let go. Read the recent report by Reuters on this here.

Consistent with industry custom, those who were let go were reportedly offered a severance package which they have roughly two to three weeks to accept or reject. Since these packages are usually contingent upon a general release of liability (meaning that the individual cannot sue the firm), for those individuals who were offered packages, there are likely a number of factors that should be considered before deciding to accept or reject. Once a general release is signed, virtually all claims for monetary damages that could have been brought before are then lost forever.

For anyone, being fired is a major life event. For licensed professionals, being fired comes with the potential for an additional life-changing of having a mark on their license in connection with their termination. If you are a licensed professional and are asked to sign an agreement, whether or not you have any intention of filing an action or any possibility of a FINRA U5 issue, it is always wise to seek the advice of a lawyer to learn about both your rights and what you might be giving up before you sign anything. Once you sign, it is too late. This is not the time to be “penny wise and pound foolish” – this is the time to consult with counsel to make informed decisions. Many lawyers provide free consultations.

BROKER REPORT: Timothy L. Pilkington Is Barred from the Securities Industry

October 9, 2015 | Malecki Law Team

The securities fraud attorneys at Malecki Law are interested in hearing from investors who have complaints against stockbroker Timothy L. Pilkington. Mr. Pilkington was employed and registered with Stephens, a broker-dealer with an office in Memphis Tennessee from January 2012 through March 2015, according to his publicly available BrokerCheck, as maintained by the Financial Industry Regulatory Authority (FINRA). He was also previously registered with Morgan Stanley Smith Barney, according to industry records.

According to his BrokerCheck, Mr. Pilkington was the subject of one customer complaint in 2009. More recently, a Letter of Acceptance, Waiver and Consent (AWC) was accepted by FINRA stating that Mr. Pilkington was barred from associating with any broker-dealer for failing to respond to the FINRA 8210 request for information. 8210 Requests require that people registered to recommend and sell securities must provide documents, testimony and information regarding matters under investigation. According to the AWC, Mr. Pilkington failed to disclose two FDIC orders to FINRA. One of those orders disclosed that Mr. Pilkington agreed to pay $2,500, where “the FDIC considered the matter and determined it had reason to believe that the [he] has engaged or participated in violations of law, unsafe or unsound banking practices and/or breaches of fiduciary duty.” In another FDIC order, Mr. Pilkington was “prohibited from participating in the conduct of affairs of, or exercising voting rights in, any insured institution without the prior written approval of the FDIC.”

If you or a family member lost money that was invested with Mr. Pilkington, you are encouraged to contact the securities fraud lawyers at Malecki Law for a free consultation and case evaluation at (212) 943-1233.